trademark section 8 and 15 declaration

Section 9 filing fees are $300 per class of services or goods covered by the trademark. The Section 15 declaration is acknowledged. U.S. Government Filing Fee (per class)$200 Not only is it recommended that trademark owners file a Section 15, it's easy to do and can be done online at the USPTO Website. NOTICE OF ACKNOWLEDGEMENT UNDER SECTION 15 The declaration of incontestability filed for the above-identified registration meets the requirements of Section 15 of the Trademark Act, 15 U.S.C. The most important requirement with this Section 9 Renewal (besides the fee) is the Section 8 Declaration of Use or Excusable Nonuse. For a trademark registration to remain valid, you must file a Declaration of Continued Use or Excusable Nonuse ("Declaration of Continued Use") with the U.S. Patent and Trademark Office (USPTO) between the 5-year and 6-year anniversaries following your trademark registration and pay a fee of $125. A federal trademark registration is effective for 10 years from the date of registration. Section 8 of the Trademark Act, 15 U.S.C. The Section 15 – Declaration of Incontestability offers some excellent advantages. Taken from the U.S. Government Publishing Office in February 2016 The declaration must also be filed at the time of trademark renewal. The Section 8 Declaration of Use is a document filed with the United States Patent and Trademark Office (USPTO) for the purpose of maintaining a trademark registration. It is completely optional, and your trademark registration will not be cancelled if you fail to file it. (15 United States Code, Section 1058) and explained below. This filing proves that the mark is still being used in commerce. Trademark Section 8 Declaration of Continued Use - Start a Section 8 Filing Online with LegalZoom. The trademark e-filing system of the United States Patent and Trademark Office (called "TEAS") makes it very easy to do the Section 8 papers and Section 15 papers at the same time. LegalSherpa can help you quickly prepare and file your Section 8 Declaration of Continued Use with the U.S. Patent and Trademark Office. AppColl creates "File Section 8 & 9 Declaration of Use/Renewal" and "File Section 8 & 15 Declaration of Use/Incontestability" tasks with their actual deadlines and not when the open window period begins. Section 8 Affidavit. Section 8 and 15 declaration. Details Section 8 declaration, Declaration of incontestability for USA trademark. Combined Declaration of Use & Incontestability under Sections 8 & 15 - All Fields with * Required. It provides even greater protection to trademarks registered on the principal register. If you don’t, the U.S. Patent and Trademark Office (USPTO) will cancel your registration. But it must be properly renewed. FIRM NAME KNOBBE, MARTENS, OLSON & BEAR, LLP STREET … Section 8 Declaration of Continued Use . This filing is called a Section 8 declaration of continued use. The Section 8 only applies to trademarks that are registered under Section 1(a) (use in commerce) or Section 44(e) (U.S. registration based on a foreign trademark registration). By filing a Section 8 Declaration, the owner is simply making a statement to the USPTO affirming that the federally registered trademark has been in use continuously for a period five years. In addition to Sections 8 and 9, you should also be aware of Section 15, which is a Declaration of Incontestability. Unlike the Section 8 and Section 9 Filings, the Section 15 Filing is not mandatory. §1058] requires that, in order to maintain a U.S. trademark registration in active form, the registrant must submit an affidavit (declaration) demonstrating to the United States Patent & Trademark Office (USPTO) that the trademark is currently in use in commerce, in connection with the associated goods and/or services, at the following times: Sections 8 and 15 Affidavits are considered post-registration filings. Our due date is at the 10th year and not when the open window §1058. If a client of our firm chooses to file a combined Section 8 and Section 15 paper, we charge only the same professional fee that we would have charged for a Section 8 paper alone. A six-month grace period for filing… The Section 8 declaration is accepted. § 1058 (“Section 8”) must be filed between the fifth and sixth years of registration. Just before a trademark turns five years old, the USPTO will send a notification to you letting you know that the time has come for the mark to graduate to the next period of its life, through filing what is called a Section 8 affidavit. 1058 (Section 8 of the Lanham Act): Duration, affidavits and fees. Affidavit of Use (“Section 8” Affidavit)* An Affidavit of Use under 15 U.S.C. The Declaration of Use under Section 8 for Trademark Renewal. Note: Two-step authentication may be required in … Section 15. In order to maintain your U.S. trademark registration, you have to file certain documents. The most advantageous of these is that once filed and accepted, common law users of a confusingly similar, or conflicting trademark, will no longer be able to file a Petition to Cancel your trademark based on their alleged prior use rights. As such, the combined Section 8 and 9 filing fees are $400 per class. Additionally, if the trademark meets the requirements of §15 of the Trademark Act, the trademark owner may additionally file an optional Declaration of Incontestability, which makes the trademark immune to challenge. Your trademark has been registered in the USPTO trademark register in the US. Note that Section 15 declarations cannot be filed for trademarks on the Supplemental Register. Section 8 of the United States Lanham Act [15 U.S.C. Section 9 of the Trademark Act, 15 U.S.C. We will prepare and file a Declaration of Use and Incontestability Under Sections 8 and 15 for you, report to you by email and docket your trademark registration to remind you of the renewal deadline. Once a trademark has been registered and in continuous use for 5 years, the owner can file a Section 15 Trademark Declaration of Incontestability. If 5 years have passed since you registered your trademark, you're required to submit a Declaration of Continued Use (also called a "Section 8" filing), proving your ongoing use of your mark (or excusing non-use). Combined Declaration of Use and Incontestability under Sections 8 & 15 To the Commissioner for Trademarks: REGISTRATION NUMBER: 3821849 REGISTRATION DATE: 07/20/2010 MARK: OHR (see, ) The owner, Baker Hughes Incorporated, a corporation of Delaware, having an address of PO Box 4740 Houston, Texas 77210-4740 United States 713-439-8600 713-439-8281 XXXX (not authorized) is filing … 1059, provides trademark owners with the opportunity to renew their trademark registrations before they expire at the end of the 10-year period from the date of registration. You may file a Combined Declaration of Use & Incontestability under Sections 8 & 15 only if you have continuously used a mark registered on the Principal (not Supplemental) Register in commerce for five (5) consecutive years after the date of registration. Combined Declaration of Use and Incontestability under Sections 8 & 15 To the Commissioner for Trademarks: REGISTRATION NUMBER: 3739319 REGISTRATION DATE: 01/19/2010 MARK: STANDELLS (see, ) The owners, LAWRENCE TAMBLYN, a citizen of United States, having an address of 6516 Sausalito Ave. West Hills, California 91307 United States EMILIO T BELLISSSIMO, AKA TONY VALENTINO, a … A "specimen" must be included with the Declaration of Use and Incontestability. ). The first filing is due between the 5th anniversary and 6th anniversary of the issuance of the registration certificate. The requirements for the declaration are set forth in Section 8 of the Lanham Act. Trademark Examining Attorneys will be governed by the applicable statutes, the Trademark Rules of Practice, decisions, and Orders and Notices issued by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Commissioners, or Deputy Commissioners. If the Section 8 Trademark Declaration of Use is not filed within the one year period between the 5th and 6th year the registration is subject to cancellation. Section 15 Filing – “Declaration of Incontestability” The third trademark filing to be aware of is the Declaration of Incontestability (a.k.a. The Trademark Office does not want to have a large number of registered trademarks that are not actually being used in commerce. §1065. See COMBINED § 8 AND § 15 Submit a Declaration of Use (also called a Section 8 Filing); this must be done between the 5th and 6th year after your registration was issued, and then again as part of every renewal ; Renew the registration (also called a Section 9 Filing); this must be done between the 9th and 10th year after your registration was issued, and ever 10 years thereafter; Declaration of Trademark Use. §§1058 & 1065)~ ~To the Commissioner for Trademarks~ Trademark * Registration Number * Serial Number * Specimen Upload. The Declaration of Use is a form in which you submit proof to the Trademark Office that you’re still actively using the trademark in commerce. Section 8 & 9 Declarations can be filed between the 9th and 10th year. A trademark registration at the USPTO can potentially last forever. The authentic interpretation from Black's Law Dictionary of the legal term SECTION 8 AND 15 DECLARATION. 15 U.S.C. Two-step authentication provides an extra layer of security to your account by requiring you to enter an authentication code. Declaration of Incontestability. Combined Declaration of Use and Incontestability under Sections 8 & 15 The table below presents the data as entered. the “Section 15 Filing”). § 1058. (Referring to Section 8 of the Lanham Act, and codified at 15 U.S.C. If an owner fails to timely file a Section 8 Declaration of Continued Use, federal trademark rights will be cancelled. ~combined declaration of use & incontestibility under §§8 & 15 (15 u.s.c. It can be combined with a Section 8 Declaration and the two can be treated as one during filing. Input Field Entered REGISTRATION NUMBER 3709669 REGISTRATION DATE 11/10/2009 SERIAL NUMBER 77468092 MARK SECTION MARK MY HEALTH ATTORNEY SECTION (current) NAME Vincent F. Aiello, Esq. Under Section 15 of the Lanham Act, a trademark owner may seek a Declaration of Incontestability. Email * Name * First Last. 15 USC 1058. 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